What is the purpose of an affidavit or declaration under 37 CFR 1.130?

An affidavit or declaration under 37 CFR 1.130 serves to disqualify a disclosure as prior art by either:

• Establishing that the disclosure was made by the inventor or joint inventor, or the subject matter was obtained from the inventor or joint inventor (37 CFR 1.130(a))
• Establishing that the subject matter disclosed had been publicly disclosed by the inventor or joint inventor before the disclosure or effective filing date of the prior art (37 CFR 1.130(b))

As stated in the MPEP: 37 CFR 1.130 provides a mechanism for filing an affidavit or declaration to establish that a disclosure is not prior art in accordance with 35 U.S.C. 102(b).

To learn more:

• affidavit
• declaration
• prior art
• 37 CFR 1.130
• AIA

To learn more:

• 37 CFR 1.130
• disqualification